Thursday, October 16, 2014

Effect of not Duly Stamped Instrument

Effect of not Duly Stamped Instrument



Adjudication of proper stamping as per the Indian Stamp Act , and the power to impound the documents by District Collector, wherever it is no done so....

Further Comments on the NCLT judgment

Further Comments on the NCLT judgment



National Company Law Tribunal----A single window institution for corporate justice....

Wednesday, October 15, 2014

Deccan Chronicle: BIFR rejects appeal for declaring as sick unit - Moneylife

Deccan Chronicle: BIFR rejects appeal for declaring as sick unit - Moneylife



Deccan Chronicle APPEAL for sick unit rejected by BIFR .



DCHL made its reference (to BIFR) after action under Section 5(1) of the SARFAESI Act has been taken by JM Financial Asset Reconstruction Co Pvt Ltd and Pegasus Assets Reconstruction Pvt Ltd. This reference was, therefore filed in violation of Section 15(1) of the SICA, which states that, 'no reference shall be made to the BIFR after the commencement of the SARFAESI Act, where financial assets have been acquired by any securitization company or reconstruction company under sub-section (1) of the Section 5 of the Act'," the BIFR said in its order.

SARFAESI Act and woes of the ‘abated' | Business Line

SARFAESI Act and woes of the ‘abated' | Business Line



In India, as SARFAESI Act was passed, a primacy was given to the proceedings. That is, even if sickness revival proceedings were going on, a secured creditor could still seize and sell assets without the intervention of any judicial authority, not to speak of the BIFR. This itself, in principle, is highly strange.

The Big, Bad World Of Corporate Litigation

The Big, Bad World Of Corporate Litigation



Mushrooming Corporate Litigation in India , and the monopolistic practices with delaying tactics is the worrying aspect in Indian Corporate Law.